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Articles 1 - 3 of 3

Full-Text Articles in Law

Unavoidable Conflicts Of Interest And The Duty Of Loyalty, Dennis J. Tuchler Jul 2000

Unavoidable Conflicts Of Interest And The Duty Of Loyalty, Dennis J. Tuchler

Saint Louis University Law Journal

No abstract provided.


Loyalty, Independence And Social Responsibility In The Practice Of Environmental Law, Douglas R. Williams Jul 2000

Loyalty, Independence And Social Responsibility In The Practice Of Environmental Law, Douglas R. Williams

Saint Louis University Law Journal

No abstract provided.


Transparency And Accountability: Rethinking Corporate Fiduciary Law's Relevance To Disclosure, Faith Stevelman Jan 2000

Transparency And Accountability: Rethinking Corporate Fiduciary Law's Relevance To Disclosure, Faith Stevelman

Articles & Chapters

This article explores the duty of “disclosure/complete candor” (among directors, from boards to shareholders and from controllers to minority shareholders) within state corporate fiduciary law (especially Delaware’s, the most developed). It observes the odd minimization of the candor/disclosure duty within the core doctrines of fiduciary care, loyalty and good faith. It analyzes the evolution of the fiduciary disclosure duty and its “moment of truth” in the watershed litigation in Malone v. Brincat. The belated appearance of the fiduciary disclosure duty is partly the result of historical, customary and political understandings which have dwarfed logic and conceptual coherence in this area …